Collaborative Divorce May be Right for You in Cornelius, North Carolina
Collaborative divorce is becoming more and more popular across the United States and Cornelius and the greater Charlotte region is no exception to this trend. Collaborative divorce is an alternative method of resolving issues in a divorce. The process covers all matters involving the couple’s legal separation including alimony or spousal support, equitable distribution of marital assets, child custody, child support, and alimony or spousal support. The statute that governs North Carolina collaborative divorces is Chapter 50 of the North Carolina General Statutes, and is referred to as collaborative law.Cornelius Divorce Attorneys
Our North Carolina family law attorneys can provide assistance in collaborative law as a method by which you may settle your legal separation and divorce matters. Collaborative divorce is a more amicable and peaceful way to address all issues of the legal separation without going through court proceedings. In a collaborative divorce process, both spouses are represented separately by their own attorneys who act more as facilitators working toward a mutual goal than litigators fighting an adversary. The attorneys agree to represent their clients in the matter only during the collaborative process, meaning, should the matter not be resolved and result in a settlement, the spouses must hire new attorneys to proceed with litigation in North Carolina’s court system.How Collaborative Divorce Works
Under the collaborative divorce process, both parties enter into a written agreement whereby they agree to negotiate the terms of the divorce in an amicable and professional way without running to the courthouse. This is referred to as a participation agreement or collaborative law pledge. By using collaborative divorce, the couple can address major issues in their legal separation and come to mutually agreed upon terms. Likewise, by signing this pledge, the parties agree to retain control of the separation and divorce instead of handing decisions over to a North Carolina family law judge. The parties also agree to jointly hire professional consultants who can help facilitate resolutions on issues such as finances, among others. The ultimate goal of the collaborative divorce process in Cornelius is to work toward together to resolve issues that commonly arise in legal separation and divorce.Less Time, More Savings
When a marriage breaks down the line between love and hate grows thin. Often times it is difficult to end a marriage without the parties becoming financially and emotionally bankrupt, or close to it. It is also hard to imagine that the strong emotions involved in a marriage resulting in divorce can ever be resolved. Through collaborative divorce, however, this is possible.
Collaborative divorce differs from litigation and arbitration in several ways. First, there is no competitive nature to the procedure where at the end of the process a winner and loser are declared but, rather, the goal is a win-win for both parties. Moreover, the process of collaborative divorce costs a fraction of the expenses involved in a litigated divorce and takes much less time to come to a resolution. Beyond this, part of the goal of collaborative divorce is to make the process less emotionally charged and still settle the case.Explaining Collaborative Law
Collaborative law is not a new concept, although the movement began in the 1980s. The concept of collaborative law spread across the globe as an alternative to using the court system. Collaborative law aims to resolve legal separation and divorce issues in a neutral and non-hostile environment to avoid the often drawn-out and expensive process of seeking court intervention to resolve the matter. While a North Carolina court is not involved during the negotiation process, it does have to approve the divorce settlement agreed upon and proposed by the couple divorcing.
The main goals of collaborative law include:
- Maintaining mutual respect between the divorcing parties;
- Focusing on the needs of any children that resulted from the matrimony;
- Addressing the needs and goals of both sides when seeking a resolution;
- Avoiding the negative implications that come with seeking court intervention; and
- Allowing the couple to keep control of their separation and eventual divorce.
If you or someone you know wants more information on the collaborative divorce process in Cornelius or anywhere else in the greater Charlotte area, contact one of the experienced family law attorneys at Arnold & Smith, PLLC. Our law firm has board-certified family law attorneys as well as a child welfare law specialist ready to help you through this difficult time. Do not let the terms of your divorce and separation be dictated by North Carolina’s court system. Take back control of closing this chapter in your life by learning whether or not collaborative divorce is right for you.